The bill amends the law regarding the offense of possession of drug paraphernalia in Arkansas. It reclassifies the penalties associated with such offenses, replacing the previous classifications of misdemeanors and felonies with a new structure of unclassified misdemeanors and felonies. Specifically, the bill establishes a tiered penalty system based on the number of offenses within a ten-year period, with increasing severity for repeat offenses. For a first offense, the penalty is an unclassified misdemeanor with a minimum of 24 hours imprisonment and a fine ranging from $150 to $1,000. Subsequent offenses carry harsher penalties, including longer imprisonment terms and higher fines.

Additionally, the bill specifies that for a second offense, the punishment increases to a minimum of seven days imprisonment and fines between $400 and $3,000. A third offense results in a minimum of 90 days imprisonment and fines ranging from $900 to $5,000. For a fourth or subsequent offense, the individual may face an unclassified felony charge, with imprisonment ranging from one to six years and fines between $900 and $5,000. This restructuring aims to provide a clearer and more graduated approach to penalties for drug paraphernalia possession, reflecting the seriousness of repeat offenses.

Statutes affected:
HB 1947: 5-64-443(a)